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Conspiracy to Perform Lawful Act
Posted on 12/12/18 at 3:27 pm
Posted on 12/12/18 at 3:27 pm
I do not do any significant amount of criminal work, so I have a question for those of my fellow professionals who actually DO such work.
Can one be guilty of conspiring to perform an act with a secnd person, when such act would be illegal for the second person to perform individually, but perfectly legal for the first person to perform individually?
I think Josh does a good bit of criminal work, so this may be directed largely to him.
Can one be guilty of conspiring to perform an act with a secnd person, when such act would be illegal for the second person to perform individually, but perfectly legal for the first person to perform individually?
I think Josh does a good bit of criminal work, so this may be directed largely to him.
13
Posted on 12/12/18 at 3:28 pm to AggieHank86
Posted on 12/12/18 at 3:29 pm to AggieHank86
If you are Drumfhpph it is illegal and you going down!!!
Posted on 12/12/18 at 3:30 pm to AggieHank86
Posted on 12/12/18 at 3:39 pm to AggieHank86
(no message)
This post was edited on 2/25/21 at 4:55 am
Posted on 12/12/18 at 3:41 pm to AggieHank86
What kind of work do you do?
Posted on 12/12/18 at 3:43 pm to AggieHank86
Conspiracy, by definition, must involve at least two or more people. This act may involve illegal behavior to accomplish a legal act or LEGAL actions to achieve an illegal result. In other words, if two people act in a legal manner to accomplish an outcome that is NOT legal, it's still a criminal conspiracy.
Source: I'm a fed.
Source: I'm a fed.
This post was edited on 12/12/18 at 3:45 pm
Posted on 12/12/18 at 3:54 pm to NIH
quote:Civil litigation. Lots of family law.
What kind of work do you do?
Posted on 12/12/18 at 3:56 pm to PsychTiger
Not grasping at all. I do not like trump in the slightest, but I have said from the very beginning that this whole “collusion” thing was going nowhere. I am just curious as to whether he has any real exposure for Cohen’s actions.
Posted on 12/12/18 at 3:57 pm to AggieHank86
quote:
Conspiracy to Perform Lawful Act
This is what yall are going to charge Trump with now?
Conspiracy to not break the law?
You're literally trying to criminalize not being a criminal?
Progressives are insane.
Posted on 12/12/18 at 3:58 pm to AggieHank86
quote:
What kind of work do you do?
Civil litigation. Lots of family law.
Holy shite. You're a lawyer who is asking if conspiracy to perform a lawful act is something that can be criminally prosecuted?
Posted on 12/12/18 at 3:59 pm to ClientNumber9
quote:
Source: I'm a fed.
NARC! WE HAVE A NARC EVERYONE!
Posted on 12/12/18 at 4:03 pm to ClientNumber9
quote:
Source: I'm a fed.
Are you Comey?
Posted on 12/12/18 at 4:06 pm to Nguyener
quote:Apparently, you did not bother to actually read my post. Again, I think the collusion business is nonsense.
This is what yall are going to charge Trump with now?
Conspiracy to not break the law?
You're literally trying to criminalize not being a criminal?
Progressives are insane.
I am asking a question about an area of the law with which I am not familiar. I last gave any serious thought to criminal law issues the day after the bar exam 30 years ago.
This post was edited on 12/12/18 at 4:10 pm
Posted on 12/12/18 at 4:08 pm to Nguyener
quote:The issue is somewhat more complicated, subtle, and nuanced than that. See the post above from clientnumber9
Holy shite. You're a lawyer who is asking if conspiracy to perform a lawful act is something that can be criminally prosecuted?
This concept will likely baffle YOU, but intelligent people understand that their knowledge is not complete in every field. As such, they seek information and input from people with greater knowledge in those fields where they lack it.
This post was edited on 12/12/18 at 4:47 pm
Posted on 12/12/18 at 4:09 pm to AggieHank86
quote:They conspired to follow the law!!!! arrest them!
Conspiracy to Perform Lawful Act
wait, huh?
Posted on 12/12/18 at 4:13 pm to AuburnTigers
Perhaps even the question is too complex for a layman.
Arguably, trump could have paid Stormy or Karen with no criminal consequences.
Arguably, Cohen would have been violating federal election law by making the same payments.
The question is whether Trump could be guilty of conspiring with Cohen to perform perform an act which Trump individually could arguably perform legally, but which Cohen arguably would violate election law by performing himself.
Yes, it is complicated.
Arguably, trump could have paid Stormy or Karen with no criminal consequences.
Arguably, Cohen would have been violating federal election law by making the same payments.
The question is whether Trump could be guilty of conspiring with Cohen to perform perform an act which Trump individually could arguably perform legally, but which Cohen arguably would violate election law by performing himself.
Yes, it is complicated.
This post was edited on 12/12/18 at 4:14 pm
Posted on 12/12/18 at 4:14 pm to ClientNumber9
quote:
Conspiracy, by definition, must involve at least two or more people. This act may involve illegal behavior to accomplish a legal act or LEGAL actions to achieve an illegal result. In other words, if two people act in a legal manner to accomplish an outcome that is NOT legal, it's still a criminal conspiracy.
Source: I'm a fed.
Then you should know that there is an Overt Act requirement in most conspiracy charges as well. Convenient that was left out. Especially if the conspiracy charges would be filed in New York.
S 105.20 Conspiracy; pleading and proof; necessity of overt act.
A person shall not be convicted of conspiracy unless an overt act is alleged and proved to have been committed by one of the conspirators in furtherance of the conspiracy.
Source: New York State Law
This post was edited on 12/12/18 at 4:15 pm
Posted on 12/12/18 at 4:16 pm to AggieHank86
(no message)
This post was edited on 2/25/21 at 4:52 am
Posted on 12/12/18 at 4:17 pm to RolltidePA
If Trump repaid Cohen, would that not qualify as the “overt act” that you reference?
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